Capitol Report

November 29, 2010

This is a status report on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers. The report may also include information about appearances of NJSBA representatives before legislative committees, and the involvement of the NJSBA as amicus in appellate court matters. It is compiled by the government affairs department of the New Jersey State Bar Association. Following each bill number is the sponsor's name, the NJSBA position, if any, bill description and status. Full and previous versions of the Capitol Report with links to related text are available online at www.njsba.com.

Executive Orders

Executive Order No. 47 Directs that any provision of Executive Order No. 21 (2002) and Executive Order No. 26 (2002) that applies to any exemption initially proposed by an agency in the July 1, 2002 a New Jersey Register, is hereby rescinded. The exemptions from public access that have been proposed by the Departments of Law and Public Safety, Corrections, Military and Veterans Affairs, Environmental Protection, and Community Affairs, set forth in Appendix A attached hereto, shall be and shall remain in full force and effect pending their adoption as final rules pursuant to the provisions of the Administrative Procedure Act.

On the Governor's Desk

Children's Rights

A-3466 (Vainieri Huttle) The "Anti-Bullying Bill of Rights Act." On Nov. 22, the bill passed in both Houses (Assembly 73-1-5, Senate 30-0), substituted for S-2392 and was sent to the governor.

Criminal Law

S-911 (Girgenti) Upgrades penalties for assaulting certain health care professionals and workers at health care facilities and human services and veterans' facilities. On Nov. 22, the bill passed in the Senate (35-0) and was sent to the governor.

S-1537 (Rice) Clarifies that gang related incident offense report is to be forwarded to Superintendent of State Police for inclusion in Uniform Crime Report. On Nov. 22, the bill substituted for A-3264, passed in the Assembly (79-0) and was sent to the governor.

Insurance Law

A-483 (Rodriguez) Establishes the "Interstate Insurance Product Regulation Compact." On Nov. 22, the bill passed in the Assembly (78-0) and was sent to the governor.

Labor and Employment Law

A-3359 (Barnes) Prohibits practice of excluding unemployed individuals in advertisements for job vacancies. On Nov. 22, the bill substituted for S-2388, passed in the Senate (29-6) and was sent to the governor.

Minorities in the Profession

S-104 (Rice) Requires State entities to examine the opportunity of minority and women-owned financial institutions to serve as senior managing underwriters for State debt transactions, imposes related reporting requirements, and enables the establishment of aspirational levels of utilization and relative compensation. On Nov. 22, the bill substituted for A-1758, passed in the Assembly (75-4) and was sent to the governor.

Regulated Professions

S-515 (Weinberg) Permits physicians and veterinarians to earn continuing education credits by providing certain free medical or veterinary services. On Nov. 22, the bill passed in the Assembly (77-1-1) and was sent to the governor.

Pending Legislation

Animal Law

S-241 (Bateman) (Under review by the NJSBA) Creates crime of threatening the life of certain animals. On Nov. 22, the bill passed in the Senate (22-2) and was referred to the Assembly Agriculture and Natural Resources Committee.

S-1643 (Sweeney) (Under review by the NJSBA) Requires sterilization of all dogs and cats released for adoption from shelters, pounds, animal rescue organizations or auxiliary organizations and establishes penalty for noncompliance. On Nov. 22, the bill passed in the Senate (27-4) and was referred to the Assembly Agriculture and Natural Resources Committee.

Business Law

S-2164 (Sweeney) (Under review by the NJSBA) Concerns employee leasing companies. On Nov. 22, the bill was amended on the Senate floor and is awaiting Senate vote.

Consumer Protection

S-2440 (Weinberg) (Under review by the NJSBA) Requires review of arbitration agreements for unconscionability. On Nov. 22, the bill was introduced and referred to the Senate Commerce Committee.

Municipal Court Practice

S-2420 (Kean) (Under review by the NJSBA) Clarifies that the implementation of a municipal court security plan, shall be at the discretion of the municipal governing body. On Nov. 22, the bill was introduced and referred to the Senate Judiciary Committee.

Renewable Energy, Cleantech And Climate Change

S-2381 (Smith) (Under review by the NJSBA) Establishes a long-term capacity agreement pilot program to promote construction of qualified in-State electric generation facilities. On Nov. 22, the bill passed in the Senate (25-10) and was referred to the Assembly Telecommunications and Utilities Committee.

Taxation Law

S-1124 (Van Drew) (Under review by the NJSBA) Prohibits imposition of corporation business tax on certain foreign corporations carrying passengers into and out of State in motor vehicle or motorbus. On Nov. 15, the bill was released from the Senate State Government, Wagering, Tourism and Historic Preservation Committee and referred to the Senate Budget and Appropriations Committee.

S-1540 (Buono) (Under review by the NJSBA) Consolidates certain business-related categories of income defined under New Jersey gross income tax. On Nov. 15, the bill was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

S-1949 (Sweeney) (Under review by the NJSBA) Provides partial sales tax exemption for energy and utility service to certain manufacturers. On Nov. 15, the bill was released from the Senate Environment and Energy Committee with a substitute and referred to the Senate Budget and Appropriations Committee.

S-2232 (Van Drew) (Under review by the NJSBA) Permits chief financial officer to recommend reduced appropriation for reserve for uncollected taxes in certain circumstances. On Nov. 22, the bill passed in the Senate (34-2) and was referred to the Assembly Budget Committee.

A-3481 (Casagrande) (Under review by the NJSBA) Eliminates transfer inheritance taxes on brothers and sisters of a decedent. On Nov. 15, the bill was introduced and referred to the Assembly Appropriations Committee

Nominations

The following nominations were referred to the Senate Judiciary Committee on Nov. 22:

JUDGE OF THE SUPERIOR COURT Angela Borkowski, of Annandale

ESSEX COUNTY BOARD OF TAXATION Joseph Defuria, of Caldwell, NJSBA member